Temple Garden Chambers
30 Experts
2 Contributions by Temple Garden Chambers Experts
PRACTICE NOTES
Assistance to overseas authorities in civil recovery proceedings
Part 5 of the Proceeds of Crime Act 2002 (POCA 2002) establishes a civil route, via court proceedings, for the freezing and divestment of the proceeds of crime. In tandem, POCA 2002, Pt 11 and the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (SI 2005/3181, the 2005 Order) create a comprehensive framework through which the UK may assist, upon request, an overseas authority, closely aligning with the UK’s domestic arrangements in both substance and practice.
This regime permits UK enforcement authorities to take steps to enforce, or to act in support of, an overseas court order—described in statute as ‘giving effect to external orders by means of civil recovery’—and to take measures antecedent to overseas proceedings—‘giving effect to external requests by means of civil
Corporate Crime
CHECKLISTS
This Checklist should be read alongside Practice Notes: Mutual legal assistance (MLA) and Grounds for refusing assistance by the requested authority...
The Letter of Request (LOR)
Requests from the UK for mutual legal assistance (MLA) are made through a formal letter of request (LOR). Under the Crime (International Co-operation) Act 2003 (C(IC)A 2003), the UK judicial authorities that may seek assistance are any judge or justice of the peace in England and Wales. A prosecution authority designated by an order of the Secretary of State may likewise request assistance where the conditions in C(IC)A 2003, s 7(5) are fulfilled:
it appears to the authority that an offence has been committed
there are reasonable grounds for suspecting that an offence has been committed, and
the authority has instituted proceedings in respect of the offence in question or the offence is being
Corporate Crime
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